The municipal governing body may alter, supplement, or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2., Wis. Adm. Code NR 117, and the following.
(A) A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the state’s Department of Natural Resources within five days of the submission of the proposed amendment to the municipal planning agency.
(B) All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency and a public hearing shall be held after Class 2 notice, as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the state’s Department of Natural Resources shall be provided with written notice of the public hearing at least ten days prior to such hearing.
(C) In order to ensure that this chapter will remain consistent with the shoreland protection objectives of Wis. Stats. § 281.31, the municipal governing body may not rezone a wetland in a Shoreland-Wetland Zoning District, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
(1) Stormwater and floodwater storage capacity;
(2) Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
(3) Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;
(4) Shoreline protection against erosion;
(5) Fish spawning, breeding, nursery, or feeding grounds;
(6) Wildlife habitat; or
(7) Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.
(D) Where the district office of the state’s Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in division (C) above, the state’s Department of Natural Resources shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
(E) The appropriate district office of the state’s Department of Natural Resources shall be provided with:
(1) A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment within ten days after the submission of those recommendations to the municipal governing body; and
(2) Written notice of the action on the proposed text or map amendment within ten days after the action is taken.
(F) If the state’s Department of Natural Resources notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in division (C) above, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the state’s Department of Natural Resources, as required by division (E)(2) above. If within the 30-day period, the state’s Department of Natural Resources notifies the municipality that the state’s Department of Natural Resources intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality, as provided by Wis. Stats. §§ 62.231(6) and 61.351(6), the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stats. §§ 62.231(6) or 61.351(6) is completed or otherwise terminated.
(Prior Code, § 23.07)